Can I sue a landlord if the ceiling fan fell on me?

Asked on August 24, 2016 under Personal Injury, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You will need to document an injury with medical treatment in order to have a personal injury claim.
If you were injured by the fan falling on you, prior to filing a lawsuit against the landlord, it may be possible to settle the case with the landlord's insurance carrier.
Notify the landlord and landlord's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and if applicable, documentation of wage loss.  Your personal injury claim filed with the landlord's insurance carrier should include those items. 
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file a lawsuit against the landlord based on premises liability.
If the case is NOT settled, your lawsuit against the landlord based on premises liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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